Judge puts temporary hold on Tennessee ban on drag shows in front of children

A federal judge in Tennessee has temporarily blocked a new state law that would criminalize drag performances in public or in front of children. The law was supposed to go into effect at midnight, but Judge Thomas Parker issued a temporary restraining order on Friday, citing the law as a restriction on the constitutional protections of freedom of speech that was both vague and overly-broad.

In his decision, Parker explained, “If Tennessee wishes to exercise its police power in restricting speech it considers obscene, it must do so within the constraints and framework of the United States Constitution.” The state has so far failed to provide a “compelling government interest” for why it should regulate drag performances to this extent.

The law that Governor Bill Lee (R-TN) signed into legislation last month aimed to limit “adult cabaret performances” on public property to prevent children from viewing such shows. Violations of this law could result in a misdemeanor charge carrying up to a $2,500 fine and one year in prison, and repeat offenders could face felony charges with fines up to $3,000 and one to six years of prison time.

Friends of George’s, a Memphis-based theater company, sued to block the law, arguing that it “explicitly restrict[s] or chill[s] speech and expression protected by the First Amendment based on its content, its message, and its messenger.” The theater company claimed that the law specifically “targets” their drag performers and “unlawfully restrains their expressive conduct not only within the confines of heavily-regulated adult-oriented establishments but virtually anywhere.”

The judge concluded by highlighting numerous potential limitations that this law could bring about, such as whether a citizen’s private residence, a camping ground at a national park, or a minor browsing the internet from a public library would count as places where the drag shows would be prohibited. “Ultimately, the Statute’s broad language clashes with the First Amendment’s tight constraints,” Parker added.

The ban will remain on hold until the court reaches a final decision.

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